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Under new rule (3)

14 April 2011 / David Burrows
Issue: 7461 + 7462 / Categories: Features , Mediation , Family
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In his third FPR update David Burrows looks at costs savings, case management & mediation

Few would disagree that the legal costs associated with most litigation are a blight on the finances of many of the parties involved. With family proceedings, the problem is at its most stark where, often, the parties’ means and the lawyers fees are part of the assets and liabilities over which much family litigation rages.

An argument can be advanced that the new Family Procedure Rules 2010 (FPR 2010) do little to assist with costs savings. The new rules can be seen—sometimes by omission, sometimes almost deliberately—as stoking up costs: many rules lack logic and will be expensive for the judges to clarify; disclosure rules are confused and aspects of rules as to expert evidence (eg, instruction of joint experts) are deliberately more expensive than under CPR 1998.

This article, the third in the present series, looks at two particular aspects of the scheme which are central to costs saving, and which are new to

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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